Canales v. United Airlines, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 EDWARD CANALES, SUSAN BILBO No. 2:22-CV-00042 WBS DB CANALES, 13 Plaintiffs, 14 v. 15 UNITED AIRLINES, INC., DOES 1 16 THROUGH 20, INCLUSIVE, 17 Defendants. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for August 15, 2022, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. SERVICE OF PROCESS 27 The named defendant has been served, and no further 28 service is permitted without leave of court, good cause having 1 been shown under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). The parties stipulate to a deadline of 8 September 1, 2022 for the filing of any motion to amend the 9 pleadings. (Joint Status Report at 2 (Docket No. 15).) 10 III. JURISDICTION/VENUE 11 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 12 1332, because plaintiffs assert claims under the Air Carrier 13 Access Act, 49 U.S.C. § 41705, and complete diversity of 14 citizenship exists between the parties and the amount in 15 controversy exceeds $75,000. Venue is undisputed and hereby 16 found to be proper. 17 IV. DISCOVERY 18 The parties shall serve the initial disclosures 19 required by Federal Rule of Civil Procedure 26(a)(1) on or before 20 September 12, 2022. 21 The parties shall disclose experts and produce reports 22 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 23 later than February 15, 2023. With regard to expert testimony 24 intended solely for rebuttal, those experts shall be disclosed 25 and reports produced in accordance with Federal Rule of Civil 26 Procedure 26(a)(2) on or before March 17, 2023. 27 All discovery, including depositions for preservation 28 of testimony, is left open, save and except that it shall be so 1 conducted as to be completed by April 28, 2023. The word 2 “completed” means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relevant to 4 discovery shall have been resolved by appropriate order if 5 necessary and, where discovery has been ordered, the order has 6 been obeyed. All motions to compel discovery must be noticed on 7 the magistrate judge’s calendar in accordance with the local 8 rules of this court and so that such motions may be heard (and 9 any resulting orders obeyed) not later than April 28, 2023. 10 V. MOTION HEARING SCHEDULE 11 All motions, except motions for continuances, temporary 12 restraining orders, or other emergency applications, shall be 13 filed on or before June 16, 2023. All motions shall be noticed 14 for the next available hearing date. Counsel are cautioned to 15 refer to the local rules regarding the requirements for noticing 16 and opposing such motions on the court’s regularly scheduled law 17 and motion calendar. 18 VI. FINAL PRETRIAL CONFERENCE 19 The Final Pretrial Conference is set for August 14, 20 2023, at 1:30 p.m. in Courtroom No. 5 or via videoconference. 21 The Courtroom Deputy will notify the parties prior to the 22 Conference whether it will be in person or via videoconference. 23 The Conference shall be attended by at least one of the attorneys 24 who will conduct the trial for each of the parties and by any 25 unrepresented parties. 26 Counsel for all parties are to be fully prepared for 27 trial at the time of the Pretrial Conference, with no matters 28 remaining to be accomplished except production of witnesses for 1 oral testimony. Counsel shall file separate pretrial statements, 2 and are referred to Local Rules 281 and 282 relating to the 3 contents of and time for filing those statements. In addition to 4 those subjects listed in Local Rule 281(b), the parties are to 5 provide the court with: (1) a plain, concise statement which 6 identifies every non-discovery motion which has been made to the 7 court, and its resolution; (2) a list of the remaining claims as 8 against each defendant; and (3) the estimated number of trial 9 days. 10 In providing the plain, concise statements of 11 undisputed facts and disputed factual issues contemplated by 12 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 13 that remain at issue, and any remaining affirmatively pled 14 defenses thereto. If the case is to be tried to a jury, the 15 parties shall also prepare a succinct statement of the case, 16 which is appropriate for the court to read to the jury. 17 VII. TRIAL SETTING 18 The jury trial is set for October 3, 2023 at 9:00 a.m. 19 The parties estimate that the trial will last four to seven days. 20 VIII. SETTLEMENT CONFERENCE 21 A Settlement Conference with a magistrate judge will be 22 set at the time of the Pretrial Conference. Counsel are 23 instructed to have a principal with full settlement authority 24 present at the Settlement Conference or to be fully authorized to 25 settle the matter on any terms. At least seven calendar days 26 before the Settlement Conference counsel for each party shall 27 submit a confidential Settlement Conference Statement for review 28 by the settlement judge. The Settlement Conference Statements nnn nen nee enn nn NO OE I IES NE 1 shall not be filed and will not otherwise be disclosed to the 2 trial judge. 3 IX. MODIFICATIONS TO SCHEDULING ORDER 4 Any requests to modify the dates or terms of this 5 Scheduling Order, except requests to change the date of the 6 trial, may be heard and decided by the assigned Magistrate Judge. 7 All requests to change the trial date shall be heard and decided 8 only by the undersigned judge. 9 IT IS SO ORDERED - . 10 | Dated: August 5, 2022 _aitteom th Ld. be—~ WILLIAM B. SHUBB tl UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28